Members' Research Service By / July 12, 2023

Standards for equality bodies: Discrimination under Article 19 TFEU grounds [EU Legislation in Progress]

Equality and respect for human rights, including the rights of persons belonging to minorities, are among the values on which the European Union (EU) is based, as provided by Article 2 of the Treaty on European Union.

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Written by Ionel Zamfir (2nd edition, updated on 19.06.2024).

Several EU directives dealing with equality require EU Member States to establish equality bodies with a focus on assisting victims of discrimination and preventing and fighting discrimination more broadly. However, their rules are too general with regard to these bodies’ duties and manner of operation, leading to disparities among Member States. Additionally, the work of some bodies has been hampered by lack of resources, insufficient independence or a narrow remit.

As part of a package of legislative measures on equality adopted in December 2022, the European Commission published a proposal setting standards for equality bodies fighting discrimination on the grounds enounced in Article 19 of the Treaty on the Functioning of the European Union (TFEU). The proposal also sought to reinforce the equality bodies’ independence, resources and mandate. Stakeholders welcomed the proposal but suggested specific changes to its provisions. On 20 February 2024, the Council agreed unanimously to request the European Parliament’s consent on an amended text, which is substantially identical to that agreed in trilogue negotiations for the parallel proposal under the ordinary legislative procedure dealing with discrimination on grounds of sex. The plenary endorsed the act in April 2024, and the Council adopted it on 7 May. It was published in the Official Journal on 29 May and entered into force on 18 June 2024.

Complete version

Proposal for a Council directive on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC
Committee responsible:Women’s Rights and Gender Equality (FEMM)COM(2022) 689
7.12.2022
Rapporteur:Sirpa Pietikäinen (EPP, Finland)2022/0401(APP)
Shadow rapporteurs:Carina Ohlsson (S&D, Sweden)
Irène Tolleret (Renew, France)
Kira Marie Peter-Hansen (Greens/EFA, Denmark)
Eugenia Rodríguez Palop (The Left, Spain)
Consent procedure (APP)
(Unanimity in the Council,
consent in Parliament)
Procedure completed. Council Directive (EU) 2024/1499
OJ L 29.5.2024


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